lemon pledge and whatever a burned joint or whatever. >> ten seconds. >> speaking of someone who does not eat a lot of meat outside of taco bell, don't change what's working. pizza hut does not have garlic crust anymore. leaves everyone sad. >> let's go to chic-fil-a after this. >> great to see you today. "america reports" next. >> sandra: fox news alert, live to capitol hill, historic supreme court confirmation vote is set to happen a short time from now. president biden's supreme court nominee, judge brown jackson needs a simple majority vote. >> john: critics say she'll be one of the most liberal judges ever, but three republicans have said they will vote aye. will any others join them?

we are on deck for analysis. >> sandra: as we anticipate that, first a fox news alert at the southern border, officials are bracing for a surge of illegal immigrants and the only way to keep track of them may be cell phones paid for by taxpayers and honor system. i'm sandra smith in new york. hello. >> john: happy thursday to you. john roberts in washington. the white house says migrants are getting cell phones so they can check in with them when they wait for court appearances. but when jen psaki was asked what is stopping the migrants from tossing the phones, she did not give a direct answer. >> sandra: there is a bipartisan bill on capitol hill to delay the end of title 42. that order, of course, was put into place to speed the expulsion of illegal immigrants during the pandemic. and in texas, governor greg abbott says he's ready to use military resources to deal with this growing crisis.

>> john: louisiana republican congressman steve scalise is standing by, but bill is in hidalgo, texas for us this afternoon. bill. >> good afternoon to you. right now the texas military is standing behind me starting the mass migration drills. what you are seeing is national guard soldiers, texas national guard soldiers in riot gear. running drills today simulating what a mass migration event might look like on may 23 when title 42 drops. the governor says that could be a caravan or just a large surge on top of a surge. there is going to be engineers out here playing concertina wire as well, and boats patrolling, so they are preparing for may 23 as you see with the military, as the governor said he was going to do yesterday. in the meantime, take a look at the video we shot earlier this morning as we embedded with texas d.p.s.

their troopers were on the hunt for runners in the brush. it did not take long to find them. the border patrol cannot be everywhere at once, so they are brought out to help. there were about 17 to 20 of these runners arrested by texas d.p.s. right in front of our cameras, and this is the constant game of cat and mouse that happens every day out here. and take a look at these photos from border patrol rio grande valley center, overwhelmed because of situations like this, yet another large group of migrants, 120 encountered, single adults from ecuador, romania and peru. and what you are looking at is a picture of eight unaccompanied children found after crossing the river completely alone. no parents, no guardians, whatsoever. and then you mentioned the smartphones off the top, pull up the photos. in brownsville on tuesday showing you the mass releases, the border patrol sources were

telling me the federal government were giving these phones to migrants, instead of ankle monitors. and jen psaki confirmed yes, the government is giving migrants the phones in an effort to try to track them. >> our concern is ensuring that individuals who irregularly migrate to the united states proceed on the process of being monitored and participating in hearings to determine whether or not they will be able to stay. >> but again, you mentioned it off the top, my border patrol sources are telling me there is literally nothing stopping a migrant from taking a phone and throwing it away. it's basically the honor system. and as you see back behind us live now, by all accounts, whether it's border patrol or the state of texas, everybody is telling us buckle up, may 23, the dropping of title 42, it is going to be a serious situation

down here. back to you. >> john: even the head of customs and border protection has acknowledged we will probably see quite a large increase in the number of people coming across the border. bill, thank you, as always, sandra. >> sandra: let's bring in republican house minority whip steve scalise. first off, your general thoughts on the plan to keep track of, first of all, those migrants as they come in, give them a cell phone, the honor system, even jen psaki was asked what happens if they throw it away. no answer to that. but your response? >> yeah, sandra, good to be with you. this is an alarming crisis that is going to get worse and everybody knows it. you know, look, estimating over 500,000 people a month will be coming across illegally once they drop title 42 next month. and think about this. this is a tool that border patrol agents use to help secure the border, one more tool joe biden is taking away because he

wants an open border. we have a bill, by the way, to solve this problem. if just five democrats sign on to the discharge petition we will get the bill brought up to the floor. call your member of congress and say sign the discharge petition to bring back title 42 to stop this crisis from happening. >> sandra: we know we can put them on the screen, these are the democrats supporting the bill to not lift title 42. obviously citing the implications of it and the surge of potential migrants that we would see as a result of it. there on the screen, are you getting word there is anymore, congressman? >> the problem is we don't need their support, we need their signature. they say they are for it but will not take the steps to bring the bill up. and until you bring it up, it does not happen. so they are saying the right things but won't follow it up with action on the house floor. so the question to ask them, have they signed chip roy's

discharge petition. if they haven't, then they are for an open border, it's that simple. >> sandra: your reaction to governor greg abbott of texas's latest move, you know what, i'm going to put them on busses and send them to washington, d.c. here he was this morning on fox news. >> as they move across the entire country, what better place for them to go to than the steps of the united states capital, they get to see the wonderful capitol and also closer to the people who are making these policies that are allowing people to come across the border patrol illegally. >> sandra: what do you think of that plan? >> i applaud what governor abbott is doing to try to stave off the crisis. he's spending millions of dollars of texas money to bring in national guard and state police to try the secure the border because joe biden is failing to do it. and what ron desantis is saying, to ship them to delaware, president biden's home state. we don't know the numbers. when we get the majority, we

will have hearings too find that out. shouldn't every governor know how many people are sent to their state. every community is a border town because of joe biden's failed borderer policies leading to the crisis. >> sandra: your thoughts where things stand, not just on the energy crisis but here and abroad as a result of the war and beyond. there is obviously serious implications for europe as they see the energy squeeze. but here at home we saw prices going up long before putin's invasion of ukraine, and very specifically, there are federal policies looked at as a reason why we continue to see the prices go up and limit the supply of energy in this country. we are putting them on the screen. there was a hearing yesterday in washington, congressman, and almost hard to believe some of these members of the energy subcommittee, the way they think about how prices should come down. they are putting a lot of the blame on the big oil companies. do you blame them for high gas

prices? >> no, sandra, i participated in the hearing, and in fact, i went and showed all of the mountains of regulations that joe biden has added that make it almost impossible to produce energy in america right now. you cannot get new leases. you can't even pursue an active lease that you are paying millions of dollars for. i listed nine different federal agencies that biden has put between the oil companies and the oil in the ground so you can't get it out. and it's very clear what's going on. joe biden is a candidate, just remember this, said on a televised debate he wanted to stop the ability to produce oil in america. and carried it out, killing keystone and the projects and the price started going up. they know it was joe biden's policies that led to this massive increase in prices at the pump and a higher reliance on russian oil. he approved the nord stream pipeline so russia could send

more oil to europe, making europe more addictive to putin's oil. let's reverse this, whether it's iran, venezuela, russia, produce oil in america. >> sandra: final thought to you. does louisiana have the capacity to make up for the shortfall in energy that we have in this country right now that is leading to these high prices? >> we absolutely do, and you know, you can go to south louisiana, the hub of deep water drilling, massive reserves in the gulf of mexico and biden was supposed to go forward with the lease sale in the gulf of mexico. some environmental groups yelled and screamed so he did not go forward with the sale. they produce 100,000 barrels of oil a day from every single well in the gulf of mexico. and there is a lot more of that that can be produced. you can get rid of russian oil and use american energy and lower the cost of gasoline and

it's cleaner. >> sandra: and l.n.g., we could help out europe. steve scalise from the great state of louisiana. >> john: always good to see the congressman, and any time you go to the pump unless it's in maryland, the gas is relatively reasonable. i mean, it hurts every time you put the handle in the tank and pull the trigger, ouch. >> sandra: and you are probably doing shorter trips and you think about the companies that are paying trucks to drive across country and impact that has when it gets to the end of the line to the american consumer, john. >> john: i've got two kids in travel lacrosse, and every weekend, 100 mile round trips. it starts to add up. we have larry kudlow talking about this next hour, make sure you stick with us for that. >> sandra: all right. >> john: united nations suspending russia from the human rights council, it comes in reports of atrocities, including

images of innocent civilians tortured and killed, some left to rot in the streets of bucha, and mobile crematoriums to burn bodies to cover up war crimes track. hi, alex. >> hi, john. police just about 40 miles outside of the capital of kyiv say that hundreds of residents, civilians are buried under the rubble of buildings that have been destroyed. rescue teams were there today combing through the cobblestones. and residents are also returning to bucha as the world watches the latest horrors out of this town. those who stayed behind continue to share the stories of their trauma. >> we were in the basement for 35 days. there were shelling all the time. sometimes there was no water.

sometimes there was no food. there was no light all the time. there was no information. phones did not work. >> the g7 and nato meeting in brussels discussing sanctions against russia and also adding "much needed air defense systems and anti-tank weapons" that they hope to send to ukraine. meantime, taking a look at mariupol, one of the contested cities that has been hammered repeatedly in the last 24 hours, those too weak and too physically strained were evacuated today, you see some images of people carried out on stretchers. but more than 100,000 people are still trapped in the city. and satellite images showing a naval vessel on fire in the port of mariupol, appears to be the ukrainian command ship. the cause of the fire has not yet been verified, but attacks do continue to ramp up in the east.

w.h.o. documenting that 91 attacks so far have taken place on hospitals, clinics and ambulances, one missile that you see here blowing up an ambulance at a children's hospital in the southern city of mykolaiv, sparking the conversation of what remains safe if hospitals are not even protected, then what is. i visited a field hospital yesterday where some patients there were telling doctors they were simply too afraid to seek care anywhere else across the country, anywhere above ground. john. >> john: alex hogan in lviv. thank you. house speaker nancy pelosi announcing she has tested positive for covid. she is currently asymptomatic. her spokesperson said she tested negative earlier this week and is now quarantining. yesterday she was on stage without a mask next to the president at the white house and kissed president biden on the cheek on tuesday. but the white house says the president is not considered to be a close contact of hers,

according to c.d.c. guidelines. i guess a kiss ain't close enough. last night the president tested negative for covid. sandra. >> sandra: rewind a year ago, that would not be the case. we wish her well. senators set to vote on president biden's pick for the supreme court. how many will vote to confirm? we will take you there when this happens. and the house g.o.p. digging deeper into the hunter biden scandal and demanding answers from former intelligence operatives. miranda devine wrote the book and she will join us. >> john: can ukrainian forces get there before he takes more territory? and what, if anything, is the world prepared to do about atrocities committed by russia? we'll talk to one of the top combatant commanders, general david patraeus.

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>> john: senior defense official says russian forces in and around kyiv and chernihiv may have withdrawn to reposition elsewhere, but it's unclear estimated 24,000 russian troops are regrouping. bring in general david patraeus, we want to point out the area around kyiv and chernihiv, which just a few days ago was red, is now all blue again. blue again in sumy and parts of kharkiv as well. what do you believe has happened to all of these russian forces in this area? >> well, they have been pulled north into belarus or northeast

into russia, john. and what they are doing is many of them have been rendered combat ineffective. they can no longer accomplish their mission without reconstitution, a process of filling them back up with the soldiers that lost, either killed or seriously wounded, and then also making good all of their equipment losses. and as you know, they have lost huge numbers of soldiers and also very substantial numbers of tanks and other armored vehicles. so it's going to be a logistic al personnel challenge. why russia is scouring georgia, syria, trying to hire mercenaries, anything to try to make the units again capable once again of accomplishing a mission to restore them to that capability. and then what they want to do, they want to move them down the eastern border of ukraine and

they want to insert them south of kharkiv or perhaps all the way down in the donbas. and the objective now of russia clearly is to expand that area of the donetsk and luhansk, parts of which are controlled by russian supported separatists back to 2014, and pushing out from there and then pushing down from just south of kharkiv into the eastern part of ukraine and then also will start to see them push up from mariupol, the embattled city that's been encircled now for so many weeks. but where there are defenders still holding out. the russians claim to have taken control but there are valid reports substantiated that russians have not yet taken out all the defenders there. so this is a huge challenge for ukraine. you can look at the distance from kyiv, from chernihiv, sumy,

at least 450 miles, the shortest distances, longer from chernihiv. they are going to have to use trucks, busses, trains, everything, because they have to also reconstitute some of the ukrainian forces that have taken losses as well. why, of course, weapons, weapons, weapons. >> john: there's a town here slovyansk southeast of kharkiv, we hear is a rallying point for russian forces to try to cut off the ukrainian forces. let me back up a couple of maps so folks can get an idea what you were talking about. where all the fighting is going to be taken place in the donbas region as the russian troops swing back in. any forces in kyiv right now on behalf of the ukrainians have to traverse most of the country to try to get into that area and then general, i imagine, a danger of if you leave kyiv undefended, maybe the russians come back in from belarus.

i also wanted to get your thoughts on what we see happening here in and around kyiv as the russian forces have withdrawn, around bucha, evidence of atrophies, and people buried out of rubble, dead for days. and pulled back to the towns to chernobyl and chernihiv as well, more evidence of russian atrocities, and in mariupol, they may be using portable crematorium to cover up tracks of war crimes. what's your sense of everything that we are discovering, where that may lead? >> well, it's going to lead to documentation of vastly greater numbers of war crimes. i mean, these are clear, unquestioned violations of the geneva convention, law of land warfare. this is a russian force that is distinguished by its indiscipline, lack of discipline, by just anything

goes. and it seems to be the norm rather than the exception. look, any forces make mistakes. there are already some documented, at least one example of ukrainian forces reportedly killing some russian prisoners. but these are vastly the exception. there is no equivalency here, absolutely. this is a russian force that does this routinely and it's accepted as a norm rather than punished as a violation. it is outrageous, it is -- it's inhuman, and of course this is why the u.n. general assembly today as you reported earlier voted to suspend the membership of russia in the human rights council, rightly so. >> john: general david patareus, always great to get your analysis. appreciate it. >> pleasure, john, thank you. >> sandra: the senate meanwhile is expected to confirm judge ketanji brown jackson to the

supreme court. this even as some republicans say she's too liberal to sit on the bench. >> john: who is to blame for high gas prices? democrats say the bogeyman is big oil. but are they leading the public for political gain? douglas murray on how oil and gas prices really work. that's coming right up. >> during this russian war you are ripping the american people off and it must end. it's important to have confidence in the nutritional drink you choose. try boost glucose control®. it's clinically shown to help manage blood sugar levels and contains high quality protein to help manage hunger and support muscle health. try boost® today. out here, you're a landowner, a gardener, a landscaper and a hunter. that's why you need versatile, durable kubota equipment. [ joe ] my teeth were a mess.

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states mr. trump did not comply at all with the subpoena's request for documents and information requested by james's office by the march 31 deadline. says the judge's order was crystal clear, trump must comply and turn over relevant documents to my office instead of obeying a court order he is trying to evade it. no one is above the law. and also making it clear that while this has been filed in the new york county state supreme court, it seeks to impose a $10,000 fine on trump for every day he continues to violate the court's order to produce those documents. this just in. john. >> john: we'll keep watching to see how that goes. and judge ketanji brown jackson expected to be confirmed as the first african american woman to sit on the supreme court. every democrat expected to vote for her. how many republicans will join them? chad pergram is watching the proceedings on capitol hill this

afternoon. >> the vote starts in just about 15 minutes. senators will vote from their seats, they will call the roll in alphabetical order starting with tammy baldwin of wisconsin, and young from indiana. >> this milestone should have happened generations ago, but always trotting on the path for a more perfect union. america is taking a giant step towards making our union more perfect. >> we expect three g.o.p. votes for jackson. mitch mcconnell today issued a challenge to jackson. >> soon to be justice can either satisfy her radical fan club or help preserve the judiciary that americans need. but not both. i'm afraid the nominee's records

tells us which is likely. but i hope judge jackson proves me wrong. >> the lone african american republican in the senate, tim scott, is a no. he says provided could have diversified the court when he chaired the committee on the judiciary. >> he said to clarence thomas, no way, no how, not on my watch. he did everything in his power to make sure that the court that he now is concerned about diversity would have been completely white. >> jackson want take over until this summer. justice stephen breyer will not step down from the court until it finishes its term. it's rare to wait that long after confirmation. the senate wants to get it done because of a covid outbreak at the capitol. house speaker nancy pelosi tested positive and also a few moments ago, democrat greg meeks from new york.

we are looking in about 11 minutes, but timing in the senate is never exactly swift. we will hear from chuck schumer first and when they vote from their seats it usually goes faster. so 5, 10 after two, they wrap it up. >> john: not sure what clock washington runs on, we'll keep watching. >> you and your big oil corporations are making record profits choosing to keep supply low. >> big oil is lining their pockets with one hand and taking billions in taxpayers subsidies with the other. >> don't use 2020 as an excuse for gouging the american people today. >> this does not feel fair. it feels like gouging. it even feels like profiteering. >> democrats tried to take on oil executives. accusing them, even of price gouging and collusion to run prices higher. but just months ago, they

praised those same oil executives for scaling back production. the wall street journal pointing out democrats have gasoline price amnesia. last october they brow-beat the c.e.o.s to produce less oil and gas. douglas murray, i think i said this to you a minute ago, i don't know what was worse, you know, absolutely false statements about the way the industry works that i heard in the hearing room yesterday or just the lack of wanting to understand it more. it was a great opportunity for some of these members of congress to actually ask these questions and hear more from these oil executives. i'll start here. those oil executives don't set the price of gasoline at the pump and they were complaining that oil prices are coming down while gas prices are higher. >> it's hypocrisy. the fact that they are saying this now and that as the wall street journal says today only

last october house democrats were berating the heads of chevron. house democrats last october said that they were -- they started praising b.p. and shell for reducing oil production. and they said to american oil producers why aren't you following the terrific example of these companies like b.p. and shell. and now they say how come you are not producing more oil. >> sandra: not only that, saying they have an obligation to turn up production. >> the problem as you know. the democrats' whole idea how america will run energy-wise is not fit for purpose. it might be at some point in the distant future, but they are basically, their policy looks like you know what happened when electric cars came in and some people bought them and then there was nowhere to plug them into. >> sandra: there was a high return rate. >> john: the democrats want to put america as a whole in that position. put us in the position we don't have the energy we need because they want the ideology of their

energy to run ahead of everything else. well, the world has caught up with them, the world has shown their ideology not to be fit for purpose. and so what are they doing? they are blaming the executive, they are talking about price gouging. of course they are. >> sandra: you mentioned their praise last october but also at that time they were actually calling for oil companies here in america to cut their production and a moment now we see them begging for more. this is ro khanna, and alexandria ocasio-cortez. >> are you embarrassed your production is going up and european counterparts are going down? >> alarming people are pushing to increase and skyrocket either imports or production in the short-term, not talking about what we really need to be doing in terms of investment in solar d -- >> and just a couple days ago a.o.c. was talking to chad

pergram and saying they should be, the oil companies doing their fair share to increase oil production. >> kind of hypocrisy and spinning ever on the dial. they can't reconcile this. their vision as a party is for this green future in which oil is nonexistent. the same thing at the beginning of the biden administration with the cutting of the pipeline. the they had a vision of how american energy was meant to go in these years. it has gone their way, and maybe it will in ten years, 20 years, 30 years. but now it's not fit for purpose so they do what they do best, always so keen to attack the oil companies, so keen t attack the companies that are actually keeping america running. >> sandra: and these are the 26 house democrat, i'll finish here, who supported a ban on fracking and exports of oil and natural gas and that should certainly be noted. >> absolutely. this is a war on fracking is just, it's one of the biggest

things in the country. >> sandra: thank you very much. john. >> john: sandra, any moment now the full senate expected to confirm judge ketanji brown jackson. how many republicans will vote aye? and the investigation into hunter biden is gaining steam. so why are some in the mainstream media still dismissing it as a nonstory? the woman who broke the scandal open, miranda devine, ahead. >> sandra: and governor abbott is -- the border continues to strengthen and president biden is eying an end to title 42. larry kudlow will weigh in next hour. >> the consequences of title 42 repealed are immense. without it, perhaps 18,000 crossings a day. made a smart move

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>> sandra: a near party line vote in the house sending criminal referrals for two more former trump aides to the justice department, comes after they refused to comply with the subpoenas from the committee investigating the january 6th riot at the capitol. david spunt is live at the justice department and has more on that. >> the legal fate of both dan scavina and pete navarro, during the campaign, peter navarro, a trade advisor, the latest names after they voted the content of congress cases for failing to cooperate with the january 6th investigation. former trump aides steve bannon and mark meadows were also sent to d.o.j.

bannon has a trial scheduled for this summer. meadows' story is a bit more tricky, he worked for trump on january 6th, has provided information to the committee and referred to d.o.j. in december, four months later he have has yet to be charged. attorney general garland is under increasing pressure from both parties with respect to the investigation. democrats say he's not doing enough to bring meadows, scavino and navarro to a courtroom. republicans want him to do more in the hunter biden investigation. >> the only pressure i feel and the only pressure that our line prosecutors feel is to do the right thing. >> the 1/6 committee also wants to speak with ginni thomas, wife of clarence thomas. she sent text messages to mark meadows. a new poll out this week, 52% of americans say justice clarence thomas should recuse himself in

any cases dealing with the 2020 election. back to you. >> sandra: thank you very much, john. >> john: house republicans wrapping up their investigation of hunter biden's laptop. new york post reporting they are focussing on 51 intelligence operatives claimed the laptop had all the earmarks of a russian disinformation campaign. miranda devine joins us now. she broke the scandal in 2020, and literally wrote the book on it and continues to report on it. one of the things you've been reporting on, miranda, is that the white house continues to insist that joe biden had no knowledge or involvement in hunter biden's business dealings yet you and some colleagues pointed out 12 particular occasions when it appears he did. >> that's right. i think it's really not a sustainable line for the white house to continue to back away questions about joe biden's

involvement in his son hunter's business dealings by saying, you know, continuing on with the line that joe biden told the american people before the election, which is he knew nothing, because even hunter has admitted talking to his father, you know, about his ukrainian business dealings and there's overwhelming evidence. 12 bits of evidence we published today is just the tip of the iceberg. there is evidence of co-mingled finances, you know, shared bank accounts, you know, and joe biden met with numerous, multiple of hunter biden's overseas business partners. met them in beijing, and in washington, d.c. >> john: and evidence of a shared office in the swedish embassy building in the georgetown waterfront. peter doocy questioned jen psaki yesterday. >> there's evidence the president at one point was office mates with hunter and his brother jim here in washington,

d.c. >> not accurate, not office mates. >> not office mates, ok. >> john: jen psaki says they were not office mates, what say you? >> technically she's correct because the deal with the chinese energy company fell through because hunter's business partners got arrested and disappeared. but hunter had made the name plates for the office for his father and himself and a chinese guy and they were going to be in his words office mates. he also cut keys for his father and mother for that office. so you know, jen psaki is just being coy and i guess answering to the letter of the law but she knows there's more toit, probably why she wants to leave the white house press office asa p. >> john: and since the washington post and new york times have joined the reporter, 18 months past the curve, many members of the mainstream media continue to play it as a nonstory.

>> it looks like your classic disinformation campaign. >> there is 0 evidence that vice president biden or president biden has done anything wrong. >> it's amplified completely out of the realm of what's real. it's not that we didn't ask the questions, we did not go crazy blaring them. >> i think everybody who knew joe biden knew hunter was a problem. >> i don't find it interesting, that's my problem as a major news story. >> it's totally irrelevant, i don't find it interesting. >> john: there are a lot of people who do find it very interesting. >> and relevant to america's national security. we are talking about business associates from china, russia, ukraine, to name a few, and those countries obviously have a big impact on current geopolitical issues, and you know, whether or not america

gets involved in world war iii so we need to have the president be up front about whether or not he is compromised in the eyes of these countries, because you know, you know that president xi and vladimir putin know everything about what hunter biden, jim biden, and joe biden were up to with this influence peddling scheme. joe biden had been plying this in delaware four decades and now as president. >> john: you have republicans saying they want to hear from the 51 former intelligence agency officials who said oh, this all looks like russian disinformation. they want to know what information were they basing that on and if republicans gain control of congress, a blizzard of subpoenas might go out early next year and the subject of congressional hearings. >> yeah, well, i mean, it's

interesting if anything can be done about those people. they had a get out of jail free clause in the letter saying we have not looked at the laptop but this is our expert opinion based on all our great experience. you know, rick grinnel, former nsa guy under trump was having a fight on twitter, and the guy said to him i don't care if i was part of the push to make sure that donald trump did not win office, i'm proud of that. i think that's their attitude. >> john: we have to run, but miranda, congratulations again on your reporting. it took the others a while to catch up, but you were right all along. appreciate you coming in today. >> sandra: a live look at the senate floor, chuck schumer is speaking. as we anticipate as he detailed earlier, a senate vote expected any moment to confirm judge ketanji brown jackson to the

highest court in the country. obviously her confirmation will be historic on multiple fronts being the first black woman on the supreme court, she'll also be the first justice to have been a public defender. and as well, john, jackson's nomination included moments of high profile tension, we remember back to the confirmation hearings with g.o.p. senators but widely expected and has been from the outset to be confirmed. >> john: and tensions earlier this week when it was talked about in the senate. bret baier is with us, looks like it's a 53-47 vote she will attract three republican votes but lindsey graham voted for her confirmation in the d.c. circuit, he voted against, and mitt romney vote the against, looks like he will vote for it here. >> 53-47, what senator schumer

is calling a wonderful day, a joyful day, and inspiring day to bring in as you see vice president kamala harris presiding over the vote. again, historic is right. it's the 116th supreme court justice. here you have the first female, the first woman of color, vice president presiding over the first black woman to become a supreme court justice on the floor. >> john: listen to what kamala harris is here. >> i ask for the yea and nay. >> is there a sufficient second? there is, and certainly appears to be a sufficient second. the clerk will call the roll. >> ms. baldwin. ms. baldwin, aye. mr. barrasso, mr. barrasso, no. mr. bennet, mr. bennet, aye.

mrs. blackburn, mrs. black burn, no. mr. blumenthal, aye. mr. blunt, no. mr. booker, mr. booker aye. mr. bozeman, mr. bozeman no. mr. braun, mr. braun, no. mr. brown, mr. brown, aye. mr. burr, no. miss cantwell, aye. mrs. capito, no. mr. cardin, aye. mr. carper, mr. carper, aye. mr. casey, mr. casey, aye. mr. cassidy, mr. cassidy, no. miss collins, aye. mr. cornyn, mr. cornyn no.

miss cortez massto, aye. mr. cotton, mr. cotton no. mr. kramer, mr. kramer, no. mr. crapo, mr. crapo, no. mr. cruz, mr. cruz, no. mr. danes, mr. danes no. ms. duckworth, ms. duckworth aye. mr. durbin, mr. durbin aye. miss ernst, miss ernst no. mrs. feinstein, mrs. feinstein aye. mrs. fisher, mrs. fisher no. mrs. gillibran, aye. mr. graham, mr. grassley, mr. grassley no. mr. hagerty, no.

miss hassan, aye. mr. hauley, no. mr. heinrich, mr. heinrich, aye. mr. hickenlooper, mr. hickenlooper, aye. miss hirono, aye. mr. hoven, mr. hoven no. mrs. hyde-smith, no. mr. inhofe, no. mr. johnson, mr. johnson no. mr. kain, mr. kain aye. mr. kelly, mr. kelly, aye. mr. kennedy, mr. kennedy no. mr. king. mr. king aye.

ms. klobuchar aye. mr. langeford, mr. langeford no. mr. leahy, mr. leahy aye. mr. lee, mr. lee no. mr. luhan, aye. miss lumis, no. mr. manchin, mr. manchin, aye. mr. marky, aye. mr. marshall, mr. marshall no. mr. mcconnell, mr. mcconnell, no. mr. menendez, aye. mr. merkle, aye. mr. moran voted in the negative.

ms. murkowski, aye. mr. murphy, aye. mrs. murray. mrs. murray, aye. mr. ossoff aye. mr. padilla, aye. mr. paul. mr. peters. mr. peters, aye. mr. portman, no. mr. reed. mr. reed, aye. mr. risch. mr. risch, no. mr. romney, mr. romney, aye. miss rosen. miss rosen, aye. mr. rounds. mr. rounds, no. mr. rubio, mr. rubio, no.

mr. sanders, mr. sanders, aye. mr. sass, mr. sass, and mr. schumer, mr. scott of florida, no. mr. scott of south carolina, mr. scott of south carolina, no. mrs. shehein, aye. mr. shelby, mr. shelby no. miss sinema, aye. miss smith, aye. miss stabenow, miss stabenow aye. mr. sullivan, no. mr. tester, aye. mr. thune, mr. thune no.

mr. tillis, no. mr. toomey, no. mr. tubberville, no. mr. van holen, aye. mr. warner. mr. warner, aye. mr. warnock, mr. warnock,s aye. ms. warren. ms. warren, aye. mr. whitehouse, aye. mr. wicker, mr. wicker no. mr. weiden, aye. mr. young, mr. young, no. mr. graham, mr. graham, no.

>> john: we are tallying up the votes, but looks like we have three republicans as expected, murkowski, collins and romney, senator graham came back and voted no, and rand paul we have not heard from, so looks like 53 to 46. >> sandra: bring in shannon

bream, watching this historic vote, shannon. >> yes, and you have to remember, such a modern political creation. used to be they didn't have confirmation hearings, the nominee did not show up, there were voice votes. even as recent as justice scalia, 98-0. we have entered a totally different situation, the votes are highly partisan, usually along the party lines and that seems to be the modern way the confirmation hearings and votes are going. important to note judge jackson remains judge jackson for now. she does not become justice until there is an opening on the court and justice breyer said he will finish out the term through late june to early july, and then he will step down, and she will be sworn in and then at that point justice jackson. start work right away in the summer and no doubt has been lining up clerks and getting things ready. there are big cases waiting for her in the fall, including one giant affirmative action case

involving harvard. she was asked during the confirmation hearings by i believe senator cruz, will you recuse or step away from the case, and she said that's my plan. another big religious liberty case that will look at a web designer who under colorado law says she does not want to create web designs for things that violate her religious beliefs. it's kind of a follow-up to the baker case, the masterpiece case several years ago, did not resolve the issue. she will not start work right away, more likely in july. >> john: i thought it was interesting we brought up the point with bret, there was a couple of republicans who switched their vote. lindsey graham was a yes when she was nominated to the d.c. circuit court of appeals. and mitt romney a no, and he had concerns whether or not she was

in the mainstream, following a different standard than 20 years ago, and judged on qualifications. we have to reconsider the process we are going to pursue in the future and graham said if we get back the senate we are in charge of the body, judicial opening, we will talk to our colleagues on the other side but if we were in charge she would not have been before the committee, you had have had somebody more moderate than this. so graham saying she was too moderate to be a supreme court court justice, even though not on the circuit, and then romney said i did not vote for her last time but i am this time around. >> and part of the issue for lindsey graham, he was from south carolina, and a judge out of south carolina, he wanted to see judge childs nominated, part of the rub with him. and a big proponent on legislation of 20 week abortion bans after that, pegging that to

fetal pain awareness. he pressed her on that issue and i know it's a big one for him and she did not answer i don't think in the way he would have liked for a justice that's going to join the bench. so i think a couple sticking points where he would not move forward with supporting her but i think it's accurate to say it's a very partisan issue and used to be whether they were qualified for the court and the mainstream thought. we already have republicans in the conversation bubbling up now, if they take over the senate and another supreme court opening, how they are going to handle this under a president biden with a republican senate. there are some indications it's a much tougher and different situation than this one was. >> sandra: bret, bring you back in, as we look at the senate floor, the vote is still open. chad pergram reminding us the vote is still open. she has 53 yea, we heard that, so she has the votes to be confirmed but it has not closed

yet, so we are waiting for that to happen, bret. >> it's a done deal here, 53 -- likely 53-47. earlier today we heard senators weigh in on judge jackson's qualifications and this moment. one of the senators was raphael warnock, praising judge jackson saying it reflects the promise of progress on which the democracy rests. thorrogood marshall was the first african american, and sandra day o'connor, and judge jackson in 2022. and the senator from georgia, brings me back to january 5, 2021, and that run-off in georgia where two senate seats were on the line. had republicans won one of those they would be in control of the

u.s. senate at this point and we would not be seeing a number of things that have happened over the past year, including this moment because there would likely be a different nominee, and there may have not been a retirement, who knows. and so i think political perspective is really interesting if you look back at that runoff, but also interesting to note the historic nature of this day. >> john: if you listen to what lindsey graham said, if republicans were in charge she would not have been brought to a vote, so this moment in history likely would not have a happened. two big knocks of jackson were sentencing, and whether she would seek leniency sentencing and a member of the reform commission and then her work not necessarily while she was a public defender, but after when she was in private practice with morrison and forester working with guantanamo bay detainees. we saw what senator tom cotton said in the senate the other

day, drew a lot of criticism. we asked him about it, he doubled down on it saying she never should have been representing terrorists in private practice. but when you look at those two things, clearly the majority of the republicans thought those were disqualifying factors. about but all the democrats didn't, and three republicans. >> the fact she has a bipartisan vote is significant for her, for the administration, the fact that she has three republicans who have signed on to this vote is significant. republicans are going to defend what they did in the nomination process and the confirmation process, saying they are going to scrub her record, any nominee's record and they say it was different than the other hearings they saw on the democratic side in the scrubbing. but numbers were always there, they really were. and this is a seat that does not sway the court. democrat, elections have consequences and this is the

consequence of joe biden's election to presidency. >> sandra: and the vote is still open. jonathan turley, watching this play out live on the senate floor and a little color from one of our capitol hill producers, what we are waiting on is rand paul. he has not voted. graham and imhoffe, they voted from the cloak room because they were not in attire, wearing ties. >> courtesy extended to members of either party to allow them to be on the record for what is an historic vote. this is obviously a vote that senator paul definitely wants to be on the record in opposing the nomination. i think what bret said is really quite significant in terms of how this has changed. and we also saw that in the remarks being made. at one time it was considered to

be a standard that you didn't vote against a nominee because of the judicial philosophy, you voted on whether they were qualified, that time has passed and the democrats made that clear with justice barrett, saying they voted against her entirely because she has a conservative approach to the constitution. so this type of partisan party line vote will continue. what's a little bit concerning is that we almost knew less than what we knew at the beginning of the confirmation hearing when it ended. you know, these confirmation hearings have become less and less substantive because they are refusing to talk about their judicial philosophy. and judge jackson went further and said her methodology is her philosophy, which is clearly not accurate, methodology is not a philosophy, and the methodology she described was basically her

oath of office, to be impartial. and i don't really cast aspersions on that, refusing to talk about philosophy but the hearings are less and less substantive, almost like a rorschach ink blot test. we don't have much real disclosure and conversation about how these nominees approach the constitution. >> john: although jonathan i think it's safe to say the tone and tenor of this nominee's confirmation hearing was quite different than the previous two were. we are told that president biden and judge jackson watched the vote in the roosevelt room at the white house. we are, as sandra pointed out, still waiting for rand paul to come in and vote. jonathan, your point with ketanji brown jackson all along was that she was eminently qualified to sit on the supreme court. so when you hear these

criticisms of her record on sentencing, her defense of guantanamo bay detainees, both as a federally appointed defense attorney and then in her private practice where she never directly, at least as far as i can tell represented any guantanamo bay detainee, what did you think of those criticisms? >> i was critical of the attacks of the representation of the guantanamo bay detainees. this is an important part of our legal system. i thought those were her best moments. i thought she hit it out of the park in talking about the role of lawyers to represent people who are often despised or hated in our society and i thought she did well in that. on sentencing, those are legitimate questions to raise. the democrats said you don't need to look at her judicial philosophy, you have her cases. they looked at the cases and they didn't like them and we

said you feel you are darn light, particularly when it comes to child pornography cases. many judges object to those sentencing guidelines and feel they are too high but that was legitimate area of questioning. i thought she did very well because she's extremely personable, she's very, very bright. one of the things i like most about her is that she was a practicing lawyer and it came out during the confirmation hearings. it's really, i think, people would be shocked how little trial experience most justices have. she also was a trial judge. that really does bring a depth to the bench on those issues. there are arguments where i'm -- many of us are looking at comments made by the justices going wow, we really do need people with greater experience in litigation on the court that have walked the walk and know how these things really are handled when you are in the trenches as counsel. >> john: jonathan, hang with us.

we want to jump to martha maccallum, author of "the story," she has an interesting c.v., martha, and that as jonathan was pointing out, she's one of only a couple of supreme court justices whoever had trial experience as a defense attorney but then again she was also on the d.c. circuit court of appeals, albe it for a very short period of time, which typically handles very technical government issues. so, she's got a breadth of experience that a lot of her fellow justices don't have. >> absolutely. indeed she does, john. a very impressive c.v. as you point out, and the time she spent as an attorney in private practice came up during the course of the hearings when she had to defense her defense of gitmo detainees and their contentions that american leadership were war criminals, that was brought up by senator john cornyn who basically criticized her for representing

these individuals the way that we generally see attorneys represent any individual, to bring their perspective to the bench. because of the sensitivity of the issue of the accused terrorists held at gitmo, that was front and center in this. i would also just sort of take a step back and look at the way that these issues unfortunately are always approached in the course of these -- of this environment we live in. we had the president come forward and say i will choose a black woman for the supreme court. he wanted to make history in the way that bret just spoke about and indeed that's what we are seeing here, and there are very positive things to be saying about the breakthrough on that front. but when you look at other past cases there were times when joe biden prevented janice rogers brown from getting on to that same court that judge ketanji jackson served on. and it was not seen that way. when there is a moment when the barriers are broken through it

behooves some people to see it as an issue of race. i look at the back and forth between senator tim scott this morning who said i cannot support her because i don't agree with her judicial philosophy, which is where i think most americans would want to see this conversation placed and then you have cory booker who talked about the historic moment, you are my hero, you are my star, you are my harbinger of hope based on exactly, you know, the fact that she is a black woman judge. so it's a prism that i think some people want to use at certain points when it works well for what they want to see on the court and i think it's unfortunate in a way we are not looking at it through a lens who is this judge, what is her decision making and a moment when he said let's pick a black woman, he could have ended up with this exact same supreme court pick without ever having said that. >> without telegraphing it, yeah. >> sandra: if you can stand by with us, let's listen in here.

>> john: looks like rand paul finally showed up. maybe he got a tie from somebody. >> sandra: rand paul was not the tie, that was lindsey graham, right. >> john: my point is, there was a reason rand paul was not around and i was just joking maybe he, too, was looking for a tie. >> sandra: they needed a tie and didn't have one, thumb's down from the cloak room. chad pergram, live from capitol hill with us. so explain to us what's happening in this moment, obviously kamala harris the vice president is overseeing the vote, presiding over the vote, although a tie vote not needed here. but why the hold-up? >> you see that the clerk has just handed vice president harris this long piece of paper, she's going to read the total right now. listen to this quick. >> confirmed.

[applause] >> under the previous order the motion to reconsider is considered made and laid upon

the table. and the president will immediately be notified of the senate's action. >> madam president, very happily i note the absence of a quorum. [applause] >> the clerk will call the roll. >> sandra: and -- >> john: the official vote, 53-47, ketanji brown jackson will become the next justice on the supreme court of the united states when justice breyer steps down at the end of the term, and we witnessed history, a great thing to do. >> sandra: bret, to you first, it is official now, the senate has confirmed ketanji brown jackson as the newest supreme court justice. >> it's a moment, it's a moment for this administration to have a success.

it is a moment for the country to realize in 2022 there will at the end of this term be a black woman supreme court justice, and that's historic. but it is also a moment to take heed about the process going forward, and the next battle that is to come. we don't know when that's going to be. i have an interview with senator mitch mcconnell today on "special report". he said earlier today he would not answer the question about whether in an off election year, whether he would move forward with the nominee of a democratic president and there are political calculations here. one of the reason lisa murkowski, republican from alaska voted for brown jackson, said she was ultimate for the court and she was sick of the politics on both sides of the aisle when it came to the nomination process. look for this contentious going forward but today is an historic

moment. >> john: martha, your thoughts as we see history being made this afternoon. >> martha: it's always historic, no matter what side of the debate anybody sat on, leading up to this moment. i think that the united states should come together and applaud this woman who has found her seat on the highest court of the land and as you said, also, you know, she came across very well during the hearing, she's a likeable person with a very -- with a very wonderful narrative story about her life, but it will set the tone. now president biden has one person who he has put on the bench. remember president trump got three, a huge number for any president to get. so, if it does turn out there is another seat open on the court as we get closer to midterms and presidential elections, you can bet the politics will be fierce. >> sandra: to shannon bream now, you've been standing by with us as well.

shannon. >> well, listen, when she gets to the court probably sworn in officially in late june/early july, she will hit the ground running, and the newest junior justice, she will have to do things like when they have the private conferences, she sits by the door and opens it, and the cafeteria committee. big cheers from the press corps, but they sit on the committee and are tasked with hearing complaints about what needs to be fixed and taken care of over there. and lighter notes. and it's a collegial body, and even judge kavanaugh was welcomed with open arms, and they close ranks around each other. no doubt she'll be warmly

welcomed. >> john: jonathan turley, she will be the second youngest justice on the supreme court behind amy coney barrett, she's 51 years of age. if she serves as long as stephen breyer or ruth bader ginsburg, she could be on it over 30 years. over the course of time the make-up of the court changes. is this, over the course of time, if we look at the significance of the passage of time to quote the vice president, over time, her judicial philosophy and her views could become an issue. >> yeah, they could, picking up on what shannon said, might be an immediate change in the balance on the cafeteria committee, but not necessarily the court itself. she is swapping out for a liberal vote. expected to have a voting

profile similar to sotomayor, but as we have seen in the past, this is a court that has a balance that can change very dramatically. she is viewed as a reliable vote on the left. she's bringing, however, not just experience, a depth of experience, but a depth of personality, i think will make her very effective. she is likeable, engageable, but she's also very civil and i think that will work well on this court. we often discount how much personality goes into these votes. you know, you really do need to work with your colleagues, and she has a wonderful reputation for that. she's got an incredible intellect, but also this personality to match. and i think that that's going to make her quite a force on the court, but as we go forward we are looking as shannon said at some big ticket items and she's going to get into that court and

she's going to be rendering historic votes. >> sandra: all right, and that does it for our coverage of the senate's confirmation of president biden's supreme court pick, ketanji brown jackson, that has just been completed a short time ago. thanks to everybody for joining us. the team was on deck here, bret and shannon and martha and chad at the capitol and of course jonathan turley, we thank you all of them for joining us. >> john: and point out that tomorrow at 12:15 scheduled, which means it could be any time, white house time, the president and judge ketanji brown jackson will be on the south lawn to make remarks. >> sandra: and waiting on a white house press briefing. we were told they would put it off to after the vote took place. >> john: as i mentioned, white house time. see if it's at 12:15 tomorrow, maybe it's a ltle later. we'll be right back. stay with us.

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>> john: we are back and a lot more to get to this hour. brand-new at 2:00, reparations for transgender americans? that's the idea behind a city's plan to pay about $1,000 a month for people who don't fit into traditional gender roles. the city council says it's to help them overcome obstacles fueled by discrimination. critics say it would not only raise everyone's cost of living, but the program itself is actually discriminatory. >> sandra: two men accused in an elaborate plot to gain the trust of secret service agents, including one assigned to protect the first lady, buttering them up like a ritzy apartment. who are the accused con men who financed the bank roll and what was the end game in that twisted mission?

>> john: consequences in kenosha after violent rioters ran wild. residents ran to the polls to vote republican, a first for the g.o.p. in the county. new at 2:00, could it be a preview of what's to combination wide? welcome back as "america reports" rolls on. i'm john roberts in washington. >> sandra: larry kudlow is sitting next to me. that's a big story. john, great to be with you. we are waiting on reaction from the white house after the governor of texas said yesterday that he's now going to start bussing illegal immigrants right from his state to the nation's capital. the briefing at the white house is expected to begin any moment, screen left, as we await that. this is a fox news alert. >> john: if democrats in d.c. are going to make the migrant crisis worse, the governor of texas says they have to live with their decision, literally. the governor saying he's going to send the incoming migrants to

president biden's doorstep. >> sandra: what a story. towns along the border like in hidalgo, texas, bracing after they drop title 42. d.h.s. says it could see nearly 20,000 migrants flooding the border each and every day. >> joe biden has refused to come to the border to see the chaos he has created by the open border policies so we will take the border to him. >> sandra: the biden administration also with a new plan to give illegal immigrants cell phones. the idea being so the feds can keep track of those immigrants, waiting their court dates. white house admits they could throw them away and they would have no way of ever knowing it. >> john: larry kudlow is live, but first fox team coverage, jacqui heinrich starts us off at the white house where we just got a two-minute warning for the briefing, jacqui. >> yes, yesterday the white

house confirmed the u.s. government is going to be handing cell phones to migrants to illegally cross the border after they are released on parole as a way to track and check in with them. it's part of an alternative to detention program the administration is using and with the cell phones the migrants will get a call that their voice is matched against a voice print they create during the enrollment process. two other options are smart link tracking, facial recognition technology and g.p.s. ankle bracelets but no way for the phones to be tossed in the trash and the white house calls it successful. >> we need to take steps we know where individuals are and can check in with them. actually the vast, vast majority of people are appearing, in part we have the monitors, and monitoring systems to do that effectively. >> lawmakers are up in arms over plans to end title 42, a group of 11 bipartisan senators

introduced a bill to delay ending it for 60 days but chuck schumer is not likely to take it up. >> they give speeches daily about the need for more funding, sending help assistance around the rest of the world. the only place on the planets the democrats say covid is over apparently is at our southern border. >> and the republicans say the claim it's no longer a tool for mass migration is hypocritical. >> good question, is the pandemic over? i'm still wearing the stupid mask on an airplane when i know it doesn't matter, still doing that. let's say you rescind that and say the pandemic is over and no more argument for title 42. there is another argument, fentanyl. that's another public health crisis. >> the white house is so far not commented on texas governor greg abbott's plans to bus migrants to washington, d.c. to

illustrate the strain on border communities that is happening when they are released there, john. >> john: and abbott pointed out, getting on a bus and coming to washington, d.c. would have to be voluntary on the part of the migrant. jacqui heinrich, thanks. >> sandra: and jacqui will head into the briefing room and when questions begin, we will get back to that. and larry kudlow, he joins us now. have at it, larry. i know you are busting at the seams. >> look at, i think the core issue here is getting rit of title 42, it's a huge mistake on the bidens and they have unwound in reverse all of president trump's policies that were helping to secure the border. this is one of them. this was a major one. admittedly using covid pandemic as a reason to turn people back because we have to stop the illegal flows at the border, crenshaw is right, you have nar co terrorism and fentanyl and

drug trafficking, kiddy trafficking, sex trafficking, it's awful. somebody has to do something. bidens are opening up the border. that is a big mistake. greg abbott's thing about sending them to washington is cute and clever and making his point. he's the ron desantis of texas you could say, but fundamental issue here is why don't the bidens want to protect our border and stop another 2 million illegals from coming in and bringing with them frankly crime and drugs and covid and lord knows what. what is their agenda? >> sandra: what's it going to take to stand up against this? this is sinema, said to axios, it's evident the preparations and plans for end of title 42 are not accurate. >> and they said trump unwound the border protections, we'll

see. you have hassan of new hampshire, kelly of arizona, warnock of georgia, cortez masstro of nevada, moderate democrats, so-called, who will probably vote to keep title 42, or vote against the covid relief bill. and it's an odd thing here. they are saying, the administration is saying we don't need title 42 because covid is way down, it's not a problem anymore. well, if that be the case, why do you want more money for covid? you can't have it both ways. logic here has to be something. >> sandra: fair point. title 42 will go down in american history as an unconscionable moral stain, a cruel rouse responsible for turning around away noncitizens 1.7 million times last year, it failed even as a border management mechanism. data show migrant encounters surged to a record high during

that policy. what do you think of abbott's move to bus migrants to washington, d.c.? >> you know, as i said, he's the desantis, he wants to be the ron desantis of texas. he's making a point, i get that. this left wing boston globe stuff like the new york times is crazy stuff. the fact remains using title 42 was a good way to stop the border crossings. we were able to reduce substantially the amount of illegals. the boston globe and the "new york times," they don't care. let all the illegals in here. we'll do another 2 million a year. they are talking as your intro said, 20,000 a month, for heaven sake. i.c.e. and border control demoralized, we had bill on the show, none of the law enforcement people could believe it. i want restore title 42, restore

main in mexico, i want to restore build the wall. i want to say save america, build the wall. a lot of that wall, san diego, arizona part, built. texas part that was not built. we could build it. in fact, they had construction equipment down there sitting there rusting away because the bidens defunded it because of the far left view that anybody can come into america. you don't have to be legal, you don't have to go through the processes, i am all for legal immigration, i'm all for reforming the immigration system, but you just can't let another 2 million people cross the border illegally. save america, build the wall, save american, remain in mexico. even the mexicans agreed to that, for heaven sake. >> sandra: rename your show, save america, dot dot dot. we are about to hear from the white house and sounds like the questions are starting now. john. >> john: a lot to talk about at the white house, title 42, what's going on with the border

and covid, nancy pelosi testing positive after planting a smacker on the president's cheek the other day, let's join jen psaki in progress. >> security assistance to ukraine since the beginning of this conflict. more than 2 billion since the president took office. there are transfers of systems nearly every single day. i would note we just announced two days ago $100 million in javelins, which are a critical weapon that the ukrainians have been using effectively to fight the russians, push back the russians and defend their country. i would also note that as it relates to the type of systems and material we are providing for every russian tank in ukraine, the united states will have or has provided ten anti-tank systems. if you factor in contributions from allies, we are almost at 90-1, 1 tank, russian tank, ten

anti-tank systems to fight them back. every russian armored vehicle, united states will have provided three systems. about 25-1, contributions from allies. the way that it works is that the ukrainian leaders request a range of assistance, they provide us lists, we determine what we can provide, we provide a vast, vast majority of what they are requesting. if we don't have access to it, sometimes it's russian made military equipment, we work with our allies and partners to see what they can provide. and our focus as the department of defense officials have conveyed, providing what they are trained on and what we know is effective in fighting this war and we have seen to date the use of the security assistance has been central and essential in fighting the war as they have done. >> sufficient that you feel that

you've given them enough? what do you mean by those metrics? >> i provided them because i think it's interesting or compelling to understand, right, the range and the significance of, and the totality of the type of assistance we have provided. we have not stopped nor are we stopping providing additional security systems, we have an announcement nearly every couple of days. to me that was interested and compelling to better understand the significance and the broad scope of the assistance. >> you are saying there will be no let-up in your efforts. >> no, i don't think i conveyed that in any way. go ahead. >> kind of follow up on that. the secretary of state said looking at other systems, something larger more sophisticated that may be useful going forward. is he talking about the systems allies might have, what was the perspective, was he trying to say? >> well, partly, yes, because there are systems, of course, we have access to, we have the best military in the world, we have a

range of systems we have access to that we have been providing and will continue to provide. there are certain systems as you noted, s300 is one of them, of course, where they have requested. we continue to work with allies and partners on what systems and equipment they have access to and they would have the capacity to provide. sometimes that means backfilling systems, and there is also a system and weapons systems that they may request we may not talk about because for operation reasons and their own process it would not be to their benefit to do that. >> potentially talking about u.s. systems we are not necessarily aware of at this point? >> he's talking about -- we are not going to detail always every type of system or every type of weapon we are going to work with allies to provide or provide. we have detailed it quite extensively from here, but we are not going to detail everything, we haven't over the course of time for operational purposes. he was conveying we will

continue to work with our partners and allies and meeting the needs and the requests the ukrainians have put forward. >> [inaudible] intercepted radio communications of russian soldiers talking about killing civilians, u.s. aware of that intelligence, does it have any intercepts of its own? >> i have seen the reports but i don't have anything more on those reports or intelligence. >> i guess the president obviously tested negative today -- >> yesterday. >> yesterday, and speaker pelosi was not considered a close contact. i know you said he had a second booster and given guidelines, is the white house considering stricter measures to keep him safe, more mask wearing, fewer big venue events, more outdoor events? >> when you say it's a close call, i don't know what you mean by that. >> that they were in two events at the white house in two days, tested positive. >> for clarity purposes, the way

the close contact is defined, it's not arbitrary or made up by the white house, it's c.d.c. guidelines and within six feet for a total of 15 minutes over 24 hours, they were not, all of their interactions were not publicly available. i think you saw them, and that's how that assessment is made. in terms of additional testing or anything along those lines, those assessments would be made by the president's doctor. he was tested last evening and tested negative. we have incredibly stringent protocols here at the white house we keep in place to keep the president safe, to keep everybody safe. those go over and above c.d.c. guidelines, and that includes ensuring that anyone who is going to be around the president is tested, every member of the staff is on a regular testing protocol. if you see him in person, whether you are travelling with him or meeting in the oval office you will be tested. we try to do socially distanced

meetings when necessary for those employees who test positive, they are required to isolate of course in assignment with c.d.c. guidance, must test negative before returning to work. also a step over and above but we are going to follow the protocols and i would remind you and reiterate we put out a plan just a month ago that made clear while covid-19 will continue to be with us and see cases rise and fall as we are seeing them rise now to the expected, given the transmissibility, we can now, we now have steps to go back to many of our normal routines in alignment with what the c.d.c. continues to recommend. >> given the fact that there has been this uptick among people who have been following c.d.c. guidelines, are there plans to revisit those guidelines given the uptick? >> that would be up to the c.d.c. but they made clear that it was about looking at data and

hospitalizations and even deaths, and what we have a plan to address, and i would note, i have it with me, because we really like covid props this week, right here, we have copies for anyone who would like a copy, and this is 100-page preparedness plan we put out that is meant to protect against and treat covid, prepare for new variants, shutdowns, vaccinate the world. we expected there to be ups and downs, and increases, and with a transmissible, a variant as transmissible as ba2, that's what we are seeing at this point in time. in the white house, in among the press corps, among the general public, and the most important message we are sending to the public is that we have steps in place that we can take to continue to address it and even as we are continuing to fight covid we can, for the most part, return to our normal routine. >> another topic, congress voted to remove most favored nations

for russia and belarus. >> 100 to 0. the president has called for and plans to sign it. >> on covid, you said anyone around the president was tested, is that any members of congress or invited guests? >> if there are individuals who have a meeting with the president, our own protocols. now, if you are at an event, there are assessments made on a case by case, but in close proximity, standing next to him, sitting next to him on the stage, that would be obviously different than a broad group of attendees. >> and given the uptick in cases here at the white house, on the hill, cases going around in the political world in washington and the fact you do go beyond the c.d.c. recommended guidelines, is there a plan to test the president daily the next few days or week or so? >> that is not deemed necessary

at this point. >> service agent from the first lady detail was placed on administrative leave after they were associated with and provided gifts from two men who are pretending to be homeland security agents, is the first lady aware of this, the president aware of this? >> i don't have a comment, i point you to the secret service and others investigating. >> anything on what they were after or working with? >> i would appoint you to the proper agency for further comment. >> back on covid, it's pretty clear that vaccines and boosters are not going to prevent you from getting covid. we know from science that masking does. given you yourself saying, you know, how transmissible ba2 is, are there any conversations happening here on campus, at the white house, to reinstate a mask mandate? >> we would continue to follow c.d.c. guidance, that's not what they are recommending, we are in a yellow zone at this point in time. there are individuals who are masked because they are close contact and that is part of our

protocol. they have had a close contact, and that's part of our protocol, and individuals who may decide to mask because they have health issues in the family, personally, and that's something we also certainly support. but we would always abide by c.d.c. guidance and go beyond it if necessary. >> given what you said about the plan in place, and about living with covid, is the end goal not to stop the spread anymore, is it just to stop severe cases? >> again -- >> or stop the spread? >> of course we are trying to stop the spread and we have the means to address that. we are also though, i would point you to the 100 page plan we put out a month ago, where it made clear that we will continue to see, covid will continue to be with us. we will see cases rise and fall. we know how to protect ourselves from hospitalization and death, which is hugely important. we know how much of getting vaccinated, getting boosted can protect you and here in the white house, of course, 99% of people are vaccinated, many,

many people are boosted, and so we have policies that also go even beyond. what is most important right now, we are looking broadly to the country, the fact that we are concerned about the failure of congress to continue to fund our covid response, the fact we have needed to, therefore, end our program for the uninsured. we are not going to be able to make purchases of broad scope of boosters, a treatment for immunocompromised or preventative treatment, that when we get to the end of june our testing capacity will be at risk of collapsing and broadly beyond the white house, that is our greatest, biggest concern at this point in time. >> just talked about how the historic today was for judge jackson to be confirmed, but no reporters were allowed in the room, no tv cameras allowed in the room to help record that history. can you help us understand that

decision? >> today was meant to be a private moment between the president and judge jackson and we made a decision late in the process that we would have some photographers, some of your colleagues in the news media in the room to capture it for history. those photos have been used for networks, including likely your network over the course of the last hour. but this was meant to be a private moment. tomorrow as we have announced we have an event, a moment in history where the president will be speaking. we will have a range of guests, an outside event and marking it in that way. >> thanks, jen. how can you guys say president biden was not a close contact with speaker pelosi when there is video of the speaker kissing him? >> well, peter, the way it is defined by the centers for disease control, the c.d.c., and their definition is 15 minutes of contact within a set period of time and within six feet. it did not meet that bar.

it does not mean that no one will get covid around the world who does not have a close contact. it just means we are defining for all of you whether the president and their interaction met the definition of the c.d.c. of a close contact. >> half the cabinet was there on tuesday, at least two additional cabinet members already have covid. is there a threat this is going to be a national security problem if the cabinet comes to the white house and starts getting infected with covid? >> well, i don't think, peter, we can assess where they got covid or where they -- where they acquired covid or whatever the right way to say that is. i don't know that it was tuesday, there are other events, obviously, that have happened over the course of the last week as well. they are all boosted. they are all, many of them are able to work from home as many staff and even reporters are who are vaccinated and boosted. and they all have a talented and experienced team who is stepping

into their shoes where needed in the office. >> when the last president wanted to host a big event for a supreme court nominee here at the white house, some folks got covid and then former vice president biden called it a super spreader event. is there any thought that tomorrow will be a super spreader event? >> at that point in time, people were not vaccinated, this event is also going to be outside tomorrow. >> and then on a different topic, when title 42 expires next month, what is the plan for the 18,000 migrants a day that are going to cross? you want them to get jobs here, is there something else you want the 18,000 a day to be doing? >> i don't know where you are basing your specific numbers on, peter, but what i would tell you. >> 18,000, i have it right here, earlier this week, the department gave estimate up to 18,000 migrants could be apprehended at the border each

day if title 42 were -- >> we'll see what happens, and obviously we are taking steps to convey that this is not the time to come. individuals who come to the border, this is what would happen, c.d.p. and i.c.e. would ensure anyone who enters the country without authorization is put in immigration proceedings as quickly as possible, and individuals awaiting processing in the interior of the country would be monitored under the alternative detention program. to date, nearly 80% of noncitizens waiting have received a notice to appear. the department of homeland security put together a preparedness plan to continue addressing irregular migration, surging personnel and resources to the border, processing, mitigation measures and working with other countries in the hemisphere to manage migration. those are steps they are doing to implement when we get do that

point in time. >> now that the texas governor is saying he is going to start bussing border crossers to washington, d.c. when they get here, will you help them find a place to stay and something for them to do? >> i'm not aware of what authority the governor would be doing that under. i think it's clear it's a publicity stunt, his own office admits a migrant would need to voluntarily be transported and can compel them to, because again, enforcement lies with the federal government, not state. >> in washington, d.c.? >> i don't know, i know the governor of texas or any state does not have the legal authority to compel anyone to get on a bus. >> jen, is there pressure to avoid saying president biden -- >> sandra: john, obviously a lot about the president being in close contact with nancy pelosi, the speaker of the house who just confirmed positive with covid. john, over to you. >> john: i'm sure he's going to

get tested a lot in the next 24 hours. fred, a quick amount of time left, come to the touch screen map. you have had some conversations with former members of putin's inner circle, members of government, former oligarchs what we have seen and that is russian forces moving out of ukraine here and here and back in here and maybe coming and this way, fred, what have you been talking about? >> a former aide, former oligarch, they say putin will seize the territory, pull away from areas he cannot win and then maybe push for a ceasefire, along a line of control and their opinion, the generals will push for one more offensive but the generals are increasingly upset at the way the war is going. >> john: push for one more offensive, that would be down here in this area. so have they given up on the idea -- >> and they are way behind at donetsk, and if putin does not control donetsk and luhansk, he

cannot claim he has won. he will try to consolidate control of the land bridge. >> john: zelenskyy said he's not giving up any territory at all. so -- said it could go on for years. >> we know what he said about the conflict in the beginning. basically the russians take the territory, they say there is a ceasefire, a line of control and not a peace treaty. >> john: what happens after this, go back to where we were before with the fighting across the trench lines in donetsk, but enhanced and down through mariupol? >> i think what could happen, the russians will say we have a ceasefire, we are keeping the territory. if the ukrainians attack, the russians will keep attacking. so no formal peace agreement. there would be a formal armistice. situations like this, conflicts stop but no formal peace agreement. >> john: and unrest that continues in the areas and the

people continue to suffer. >> maybe for a long time. >> john: fred, thank you for coming in. sorry it's so short, the briefing took up a lot of time. sandra, that's going to do it. >> sandra: john, great to be with you. thank you so much for joining us, everyone. sandra smith. >> john: i'm john roberts. we will see you tomorrow when it is >> martha: thank you very much. good afternoon. i'm martha maccallum at fox news head quarters in new york. here's the story at this hour. three urgent crises in front of president biden right now. the "long slog ahead" in putin's war in ukraine and growing u.s. involvement with the transfer of weapons and training that's going on in poland right now. also, the covid comeback on capitol hill as nancy pelosi tests positive and why the white house has decided right now is